D.C. TONGE AND ANOTHER Vs. THE DIVISIONAL SECRETARY, MAHARASHTRA STATE TRANSPORT KAMGAR SANGATHANA NAGPUR AND ANOTHER

JUDGEMENT

(1.) This is a writ petition by two employees of the respondent No. 2 Corporation challenging the order of the Industrial Court passed under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. 1971 (for short, "the Act").

(2.) The respondent No. 1 which is a trade Union registered under the Trade Unions Act has membership amongst the transport workers working in the respondent No. 2 Corporation. It appears that in the respondent No. 2 Corporation the Bus Conductors are eligible for promotion to the next post of Traffic Controller. It is not in dispute that the promotion of the employees in the respondent No. 2 Corporation is governed by the subject No. 6 of the settlement dated 25-4-1956 arrived at under the provisions of the Industrial Disputes Act. 1947 (for short "the I. D. Act"). The relevant extract of the demand under subject No. 6 and the settlement arrived at is reproduced below for ready reference:- <FRM>JUDGEMENT_61_LAWS(BOM)4_19841.htm</FRM>

(3.) So far as the tests for promotion are concerned it is not in dispute that the tests are prescribed by the respondent No. 2 Corporation. It is not in dispute further that the tests for promotion are prescribed under the provisions of Cls. 45 and 46 of the General Standing Order (for short, "the GSO") No. 503 dated 19-6-1959 which lays down the rules known as "The Maharashtra State Road Transport Corporation (Recruitment, Promotion, Seniority and Recategorisation) Procedure". Further as per the provisions of Cls 45 and 46 of the GSO No. 503 the procedure is prescribed for examination for the post of Traffic Controller by a Circular dated 8-3-1966 contained in Exhibits C. 25 and C. 26 in the proceedings before the Industrial Court in the instant Case.